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Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Judiciary Exams MCQ


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30 Questions MCQ Test - Bihar Judicial Services (Prelims Paper - II) Mock - 5

Bihar Judicial Services (Prelims Paper - II) Mock - 5 for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Bihar Judicial Services (Prelims Paper - II) Mock - 5 questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Bihar Judicial Services (Prelims Paper - II) Mock - 5 MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Bihar Judicial Services (Prelims Paper - II) Mock - 5 below.
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Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 1
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An accomplice is a competent witness

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 1
As per Section 133, an accomplice shall be a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 2
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After declaration of financial emergency by the President, what is the maximum period of its operation without approval by the Parliament?

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 2
Article 360 states that if the President is satisfied that a situation has arisen whereby the financial stability or the credit of India or any part thereof is threatened, he may declare a state of financial emergency. A proclamation issued under Article 360 will remain in force for two months unless before the expiry of the period, it is approved by both the houses of the Parliament.
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Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 3
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Muhammad Afzal V/s Ghulam Kasim (1903) ILR Cal 843 is a leading case on which of the following doctrines?

Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 3
It is a leading case on doctrine of election. Doctrine of election says that where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case, he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor or his representative as if it had not been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee the amount or value of the property attempted to be transferred to him.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 4
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Lease of immovable property for manufacturing purposes is determinable by giving notice of
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 4
Section 106 of Transfer of Property Act deals with duration of certain leases in absence of written contract or local usage. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 5
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Section 42 of Specific Relief Act, 1963 provides for
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 5
Section 42 in the Specific Relief Act, 1963 deals with the injunction to perform negative agreement. It says that notwithstanding anything contained in clause (e) of Section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement, provided that the plaintiff has not failed to perform the contract so far as it is binding on him.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 6
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Under Negotiable Instruments Act, promissory note can be drawn for minimum period of
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 6
Section 4 of the Negotiable Instruments Act, 1881 defines "promissory note". It says that a "promissory note" is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.The NI Act does not specify any period for drawing promissory note.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 7
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According to Companies Act, 2013, the Annual General Meeting of a company shall be held within
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 7
According to Companies Act, 2013, the Annual General Meeting (AGM) of a company shall be held within 9 months from the closure of its first financial year u/s 96. It is not necessary to hold AGM in the year of incorporation.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 8
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Section 27 of the Evidence Act applies
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 8
Section 27 in the Indian Evidence Act, 1872, deals with the concept that how much of information received from accused may be proved. It says that provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. Therefore, it is clear that this Section is applicable when the person giving information is an accused and is in police custody.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 9
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Which of the following documents cannot be treated as a primary evidence?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 9
According to Section 62 of the Indian Evidence Act, 1872, primary evidence means the document itself produced for inspection of the court. Further this Section explains that all documents which are made by one uniform process in the case of printing, lithography, or photography each is considered a primary evidence; but when they are copies of original documents, they are not a primary evidence.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 10
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On demitting office, a Supreme Court judge cannot plead or appear in any:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 10
A person who has retired as a judge of the Supreme Court is debarred from practising in any court of law or before any other authority in India. High Court Judges, after retirement, cannot practise in their own High Courts or Subordinate Tribunals in their jurisdiction. Retired hon. Judges and hon. Chief Justices, even if they give their opinions, must say it very clearly and categorically that it should not he used for any pending legal proceeding.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 11
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How many languages are there in the eighth schedule of the Constitution of India?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 11

The eighth schedule to the Constitution consists of the following 22 languages:-
(1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu, (19) Bodo, (20) Santhali, (21) Maithili, and (22) Dogri.
Of these languages, 14 were initially included in the Constitution. Sindhi language was added in 1967.
Thereafter, three more languages viz. Konkani, Manipuri, and Nepali were included in 1992.
Subsequently Bodo, Dogri, Maithili, and Santhali were added in 2004.

Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 12
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In which of the following decisions was the constitutional validity of section-9 of the Hindu Marriage Act, 1955 upheld by the Supreme Court?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 12
Supreme Court, in Saroj Rani v. Sudharshan, gave a judgement which was in line with the Delhi High Court's views and upheld the constitutional validity of the Section 9 of the Hindu Marriage Act, 1955 and over-ruled the decision given in T. Sareetha v. T. Venkatasubbaiah.
It was held by the court:
"We are unable to accept the position that Section 9 of the Hindu Marriage Act is violative of Art. 14 and 21 of the Indian Constitution. Hindu Marriage is a sacrament and the object of section 9 is to offer an inducement for the husband and wife to live together in harmony. If such differences may arise as in this case, it may be a valid ground for divorce after a period of one year. Hence Section 9's validity is upheld.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 13
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The T.P. Act came into force on
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 13
First section of the Act says that this Act may be called the 'Transfer of Property Act, 1882'. It came into force on the first day of July, 1882. It extends in the first instance to the whole of India, except the territories, which immediately before lst November, 1956, were comprised in Part B States or in the States of Bombay, Punjab and Delhi.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 14
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He who receives the advantage ought also to suffer the burden' refers to
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 14
Onerous gifts' is dealt in section 127 TPA. It says that where a gift in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the donee can take nothing by the gift unless he accepts it fully. Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the donee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous. Onerous gift to disqualified person: A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if after becoming competent to the contract and being aware of the obligation, he retains the property given, he becomes so bound.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 15
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In which of the following cases is the occupier of a house liable for 'negligence'?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 15
The occupier of a house is liable for 'negligence' if the occupier owner employs upon his premises and sets in motion dangerous agencies, such as spring guns, man-traps etc. of a nature calculated to cause death or inflict serious bodily injury on an innocent person or one who is a mere trespasser, with the intention of inflicting injury upon a trespasser.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 16
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In which of the following cases may a partner cease to be partner without the dissolution of the firm?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 16
A partner ceases to be partner without the dissolution of the firm on his death due to combined effect of sections 32, 34 & 35 of the Indian Partnership Act.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 17
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Delegated legislation is
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 17
Delegated legislation is the phenomenon of empowering an administrative agency which has acquired expertise in one field to effectively discharge its functions. Delegated legislation also referred to as secondary legislation, is legislation made by a person or body other than Parliament. Parliament, through an Act of Parliament, can permit another person or body to make legislation.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 18
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The provisions of section 126 of the Evidence Act dealing with confidentiality of professional communication shall apply to
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 18
Sec. 126 Evidence Act deals with professional communications. Section 126 of the Indian Evidence Act 1872 provides that no barrister, attorney, pleader or vakil shall be permitted to disclose communications made by his client or advice given by him in the course of his employment, except if there is an illegal purpose or showing a crime or fraud after commencement of his employment.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 19
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Which of the following options explains the main sources of administrative law?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 19
The main sources of administrative law are Constitution, Ordinances, Judicial Decisions, Acts and Statutes.
1. The Constitution is the creator of various several administrative bodies and agencies. It gives a brief details about the mechanism and the administrative powers granted to various authorities.
2. Acts and Statutes passed by legislature are important sources of administrative law because they elaborately detail the powers, functions and modes of control of several administrative bodies.
3. Ordinances are issued by the President (at Union/Federal level) and Governor (at State level), and are valid for a particular period of time. These ordinances give additional powers to administrators in order to meet urgent needs.
4. Judicial decisions or judge-made law have been responsible for laying down several new principles related to administrative actions. They increased the accountability of administrative actions and acted as an anchor between the notifications, circulars etc. to be linked and complied directly or indirectly with the constitutional or statutory provisions.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 20
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When a court obtains a sample of handwriting or signature of a person under Section 73 of the Indian Evidence Act, 1872, the court
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 20
Section 73 of the Evidence Act provides that when a court obtains a sample of handwriting or signature of a person under Section 73 of the Indian Evidence Act, it may itself compare the same. The section uses the word 'may'; hence, it is under discretionary power that it may also refer it to an expert.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 21
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Tuhr' means:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 21
Muslim marriages unlike Hindu marriages are in the nature of a contract and are governed by their personal law. Under the Muslim law the wives cannot divorce their husband on her own accord, she can only give a divorce only if her husband has delegated her right to do or that under an agreement. However legislation has extended statutory rights to Muslim women to give divorce to their husbands under the Dissolution of Muslim Marriages Act, 1939. Divorces under the Muslim law is known as "talaq". There are many forms of talaq under this law, one is the 'Ahasan Talaq', under this the husband has to make a single pronouncement of Talaq during the Tuhr of the wife. Tuhr is the period of wife's parity, i.e. a period between two menstruations.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 22
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Sapinda relationship for the purpose of Hindu Marriage Act includes:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 22
Section 3(1)(f)(i) of the Hindu Marriage Act provides that sapinda relationship with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 23
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Section 141 of the Negotiable Instruments Act deals with offences caused by:
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 23
Section 141 of the N.I. Act, 1881, deals with offences caused by companies. Section 141 extends criminal liability on account of dishonour of cheque in case of a company to every person who, at the time of the offence, was in charge of and was responsible for the conduct of the business of the company.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 24
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The liability by holding out, in case of retiring partner, continues up to
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 24
Section 45 in the Indian Partnership Act, 1932, provides that notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution provided that the estate of a partner who dies, or who is adjudicated an insolvent, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable under this section for acts done after the date on which he ceases to be a partner.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 25
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In computing the period of limitation,
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 25
Section 470 of the CrPC provides for the exclusion of time for calculating the period of limitation in certain cases. This section mandatorily excludes the following 'periods' for computing the period of limitation:
Sub-Section (1): The time during which any person has been prosecuting with due diligence another prosecution, whether in a court of first instance or in a court of appeal or revision, against the offender
Sub-Section (4): (a): The period during which an offender is absent from India, or
(b): The period during which an offender is absconding/concealing himself.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 26
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Consider the following statements:

1. The President can commute death sentence to life imprisonment.
2. The Governor cannot commute death sentence to life imprisonment.
3. The President's power to pardon extends to punishments or sentences by court marital.

Which of the statements given above is/are correct?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 26
The second statement is incorrect as per Article 161 of the Constitution as the Governor cannot pardon death sentence, but he has power to commute and to grant respites and remissions to any person awarded punishment.
All the other statements are correct as per Article 72 of the Constitution.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 27
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Under which of the following cases did the Supreme Court of India first time reaffirm the distinction between culpable homicide and murder while adopting the view suggested in the Govind case?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 27
In the case of State of A.P. v. R. Punnayya, the court reaffirmed that "culpable homicide" is the genus and "murder" is its species.
All murders are culpable homicides, but not vice versa; that is to say, culpable homicide without "special characteristics of murder" is culpable homicide not amounting to murder. For the purpose of fixing punishment, proportionate to the gravity of this generic offence, the Code practically recognised three degrees of culpable homicide.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 28
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Which of the following Articles of the Indian Constitution describes it?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 28

Article 5 of the Constitution deals with the provisions as to Citizenship.
It provides that at the commencement of Constitution, every person who has his domicile in the territory of India and:
(a) who was born in the territory of India
(b) either of whose parents was born in the territory of India
(c) who has been ordinarily resident in the territory of India for not less than five years preceding such commencement, shall be a citizen of India.

Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 29
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In which of the following cases the Supreme Court has discussed the Constitutional Validity of triple talaq?
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 29
In Shayara Bano Vs. Union of India case, the Supreme Court ruled that instant triple talaq or talaq-e-biddat is unconstitutional and illegal in August 2017.
The court had also made some rules in this matter and to enforce the Supreme Court ruling, the government brought the Muslim Women (Protection of Rights on Marriage) Bill, 2017. The President had promulgated the Muslim Women (Protection of Rights on Marriage) Ordinance 2018, popularly known as Triple Talaq ordinance to make it an Act. This Act makes instant triple talaq or talaq-e-biddat a cognizable offence.
Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 30
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A partnership firm is
Detailed Solution for Bihar Judicial Services (Prelims Paper - II) Mock - 5 - Question 30

According to Section 4 of the Indian Partnership Act, a partnership firm is not a distinct legal entity from its partners. In the eyes of law, a firm is merely a collective name of individuals who have entered into partnership to share the profits and losses of the firm. A suit against a firm merely means a suit against all the partners of that firm. This is so due to the mutual agency among them.

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